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Law department cautions property-rights limits on aggressive vacant-property rules
Summary
The law department told the committee that property-rights and existing zoning nonconformity rules limit how forcefully the city can compel private owners to develop vacant buildings; staff will continue researching options and report back March 10.
The committee heard an update Feb. 10 on possible legislation to hold vacant downtown properties to accountability standards, and the city's law department said constitutional property-rights limits constrain aggressive remedies.
Joel Fritz of the law department said his initial review found existing tools but also limits: "Unfortunately, many of the things cannot be done because of the... the rights their property rights," and he noted that zoning nonconformity rules already allow loss of certain rights after two years of abandonment.
Fritz said case law uses a common-sense approach to determine when a business or use ended, and that the city can rely on code enforcement and zoning nonconformity provisions where applicable but has found few new legal mechanisms for compelling development on private property.
Committee members proposed further options, including a "vacant storefront" monitoring ordinance and clearer enforcement on code-noncompliant properties. Fritz said he would review examples from other communities and follow up with the law department and council staff by March 10.
What's next: law department staff will examine model ordinances and case law and return with recommendations on March 10; no ordinance was introduced or adopted in committee.
